Die Legitimation des § 19 Abs. 2a TPG

With the introduction of § 19 para 2a TPG, the trust of the population in the organ distribution system was to be regained and sustainably strengthened after the so-called organ distribution scandal. The work explains why § 19 para 2a TPG is not suitable for achieving this objective and points out other possibilities for a meaningful sanctioning of the manipulation of organ allocation decisions de lege lata et de lege ferenda. The focus of the discussion is on the problems raised by § 19 para 2a TPG from a constitutional point of view and, in particular, with regard to Article 103 para 2 GG. In addition, the work takes a closer look at the legal interest protected by § 19 para 2a TPG, the difficulties caused by the interpretation of central elements of § 19 para 2a TPG, and the constitutionality of the applicable organ distribution system, which is relevant to the constitutionality of § 19 para 2a TPG as well.